Higher Education Support Act 2003
A higher education provider must, on the *Secretary ' s behalf, determine that this section applies to a person if:
(a) the person has been enrolled as a *Commonwealth supported student with the provider in a unit of study; and
(b) the unit would, if completed, form part of a *course of study undertaken with that provider or another higher education provider; and
(c) the person has not completed the requirements for the unit during the period during which the person undertook, or was to undertake, the unit; and
(d) the provider is satisfied that special circumstances apply to the person (see section 36-21 ); and
(e) the person applies in writing to that provider for either or both:
(i) the repayment of any amounts that the person paid in relation to his or her *student contribution amount for the unit; or
(ii) the remission of the person ' s *HECS-HELP debt in relation to the unit; and
(i) the application is made before the end of the application period under section 36-22 ; or
(ii) the provider waives the requirement that the application be made before the end of that period, on the ground that it would not be, or was not, possible for the application to be made before the end of that period.
A HECS-HELP debt of a person to whom this section applies is remitted under subsection 137-5(4) .
A decision that this section does not apply to a person is reviewable under Part 5-7 .36-20(2)
If the provider determines that this section applies to a person, the provider must:
(a) pay to the person an amount equal to the payment, or the sum of the payments, that the person made in relation to his or her *student contribution amount for the unit; and
(b) pay to the Commonwealth an amount equal to any *HECS-HELP assistance to which the person was entitled for the unit. 36-20(3)
Subsection (2) does not apply to the provider if:
(a) the person enrolled in the unit as a *replacement unit; or
(b) it is determined that section 36-24A applies to the person.
[ CCH Note: S 36-20(3) will be amended by No 93 of 2020, s 3 and Sch 4B item 3, by inserting para (c), applicable in relation to a unit of study that has a census date that is on or after 1 January 2022 (whether the unit of study is part of a course of study commenced before, on or after that day). Para (c) will read:
; or (c) section 36-24BA applies in relation to the provider in relation to the unit.
The Higher Education Provider Guidelines may, in setting out the *tuition protection requirements, specify, in relation to circumstances to which paragraph (3)(a) applies:
(a) the amount (if any) that is to be paid to the person; and
(b) the amount (if any) that is to be paid to the Commonwealth; and
(c) the person (if any) who is to pay the amounts.
If a determination made under subsection (1) is made in writing, the determination is not a legislative instrument.